Joint DOD/VA Disability Evaluation System

Joint DOD/VA Disability Evaluation System

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Posts: 21

Mar 16 08 5:02 PM

I am falling under the new Joint DOD/VA Disability Evaluation System. I haven't seen anyone else on here talking about this so maybe not a lot of people
are going through it. I've already finished my VA evaluations and from what I know, my paperwork goes back to the PEBLO, then shortly off to the IPEB. Does
anyone know the timeline each person in the process has to complete their part? Also, I am a bit confussed about the disability percentage. I know the VA
evaluated me and gives me a percentage. How does the IPEB determine retirement and separation since they are not the ones to evaluate me for disability?

Under the DoD/VA Pilot program, the PEB only find fitness. The rating percentage is found by the VA.

You are correct that there is not many folks with experience in this program since it is new and the numbers relatively small. It would be great if you could
post any of your observations or experiences.

Jason

"I am not providing legal advice, only information. An attorney client-relationship will only be formed by agreeing to such a relationship in writing.
Consult a qualified attorney if you have questions."
Physical Evaluation Board Forum

It is good to hear from someone that has started this new evaluation process. I am on my way to the MEB/PEB, not sure yet where i will go as I am a NG solider
in the home health care process. What base are you going through? Please keep posting and letting us know how this works out.

*NOTE: Upon arrival, each Warrior in Transition should be issued the Physical Disability Evaluation System
Handheld Guide.

The medical board process is officially called the PDES, Physical Disability Evaluation System. A Warrior is directed to the PDES if they have a medical condition that fails to meet retention standards IAW AR 40-501, Chapter
3. The determination of failing to meet medical retention standards is made by a physician. Questions regarding the Medical Board System should be directed to
your chain of command, case manager, or PEBLO. You should receive a pocket-size handbook on the PDES during in-processing.

A. Once a physician determines a Warrior has reached optimal medical care but still fails
to meet retentions standards, they will refer the Warrior into the DES. This can be done through a referral form and/or a permanent
profile with a "3" or "4" designator in the PULHES portion. This designation identifies the Warrior with significant
limitations in their physical ability in that particular section. The referral or permanent profile is then forwarded to the PEBLO
(Physical Evaluation Board Liaison Officer) who will contact the Warrior telephonically and arrange an appointment to start the Medical Evaluation Board
(MEB) process. Warriors are required to attend a mandatory process briefing.

B. On November 26, 2007 the
Army revamped its physical disability evaluation program at Walter Reed Army Medical Center, streamlining the process Warriors must follow to determine their
fitness for service or eligibility for military and veterans' benefits. Following referral into the DES, DVA (Department of Veterans
Affairs) doctors will conduct the medical examination using VA physical worksheets and templates in either a DOD or DVA facility. The Warrior will also be
required to meet with a DVA Military Services Coordinator (MSC) for counseling and to fill out a VA/DOD Joint Disability Evaluation Board Claim (VA Form
21-0819). Warriors are encouraged to seek legal counsel at anytime during the DES process.

C. Once the physical is completed, results will be forwarded to the MEB. The MEB will review DVA physical and
prepare a NARSUM (narrative summary) and a DA Form 3947 (Medical Evaluation Board Proceedings). The MEB can result in the following: (1)
If the Warrior meets retentions standards within the limits of his/her profile, they will be returned to duty; (2) If the Warrior does not meet retentions
standards, the case will be referred to the Physical Evaluation Board (PEB) for further disposition. A Warrior will be permitted to
review the NARSUM and any addenda regarding the medical condition that has been prepared for referral to the PEB. When the MEB is complete, the Warrior will
have the opportunity to review its findings and recommendations. If the Warrior disagrees with the MEB or feels there is information
missing or not adequately addressed, he/she will have three working days to submit a rebuttal. A Warrior can request legal counsel to
assist in preparing their rebuttal. Warriors have 72 hours after notification of MEB results to rebut the board decision. When making a rebuttal to the MEB findings, the Warrior has several options: (1) CONCUR (AGREE) with the MEB's findings and
recommendations. In this case the MEB is then forwarded to the PEB for adjudication; (2) NONCONCUR (DISAGREE) with the MEB's
findings and recommendations. The Warrior may present a written appeal or any new evidence concerning the case to the informal board
through the PEBLO. If a Warrior does not respond to the MEB in the prescribed time, he or she is presumed to agree with the findings.
Warriors who disagree with MEB's findings and recommendations will have their case reviewed by the Deputy Chief of Clinical Services (DCCS). The DCCS may take one of the following actions: (1) Original findings and recommendations are confirmed; (2) The report of the board is returned for
reconsideration; (3) The report of the board is forwarded to the PEB with the Warrior's comments attached as enclosures. (See paragraph 7-12, AR
40-400). In all cases, the actions of the hospital Deputy Commander for Clinical Services (DCCS) will be explained to the Warrior in
block 30 of the DA 3947 and the appeal. All related documents should be made a permanent part of the MEB.

D. Under the new Pilot
DES, the PEB at Walter Reed Army Medical Center will use the DVA physical exam worksheets, the NARSUM and DA Form 3947, along
with other performance and administrative documentation to determine a Warrior's fitness or unfitness to continue military service.
If the PEB finds the Warrior FIT because his/her medical condition does not affect their performance; does not create a risk for the Soldier; or place an undue
burden on the unit, the Warrior will be returned to duty within the limits of their profile. If the

PEB finds the
Warrior UNFIT to continue in the Army, and finds the Warrior is eligible for disability benefits, the PEB will inform the Soldier of their findings through
their PEBLO, and request a disability rating from the DVA Rating Board. The DVA Rating Board will evaluate the Warrior's referred
and claimed conditions and provide a rating percentage (with rationale) to the PEB within 15 calendar days. Once the PEB receives the DVA Rating Boards rating
decision, the PEB will apply DVA's rating(s) to unfitting conditions, and recommend a final disposition. Final dispositions
include: if found fit, the PEB will recommend the Warrior be returned to duty. If found UNFIT, the PEB may recommend one of the
following if eligible for disability benefits: Separate with Severance Pay (SWSP); Permanent Disability Retirement (PDR); or that the Warrior be placed on the
Temporary Disability Retirement List (TDRL). If found UNFIT, but NOT eligible to receive disability benefits, the PEB will recommend the Warrior be Separated
without Benefits (SWOB).

E. The severity of the condition determines whether a Warrior, who is
eligible for disability benefits, receives disability retirement or is separated with severance pay. Warriors rated with a 0, 10 or 20% disability who have
less than 20 years of active service (or 7200 points of combined service) will be separated with severance pay. To compute disability severance pay, multiply
the Warrior's basic pay for two months by the number of combined years (up to 19 years). Warriors with less than 3 years active duty
time inservice will have their compensation calculated with a multiplier of 3 (unless they were injured in a combat theater in which case the multiplier will
be 6). NOTE: There is no difference between a 0%, 10% or 20% rating in the calculation of the amount of severance pay that is received. The rating is NOT a
factor in determining severance pay. Soldiers with 20 or more years of active military service or 7200 points of combined service, or
possessing a combined disability rating of 30% or more, receive disability retirement. Disability retirement is either temporary or permanent depending on the
stability of the Soldier's medical condition.

F. Warriors who qualify for permanent disability retirement (rated at
30% or higher or with 20 or more years of active duty or 7200 points of combined service) are placed on the TDRL if the PEB determines that their condition is
not stable for rating purposes. This happens if, in the opinion of the PEB, the Warrior's condition can be expected to improve or worsen during the TDRL
period. While on the TDRL, the disability rating doesn't change, regardless of any change in condition of the Warrior. Placement on the TDRL protects both
the Warrior and the Army. Warriors placed on the TDRL will receive a minimum of 50% of basic pay (or high 36-month average as described earlier) and also
receive all other retirement benefits (ID cards, TRICARE eligibility, etc.) while on the TDRL. Warriors on TDRL will receive a medical
re-evaluation at least once every 18 months while on the TDRL, and this re-evaluation will be forwarded to a PEB for a new disability determination. As a
result of the new PEB finding, the Warrior may be found fit (and may be given the opportunity to return to military service if desired), separated with
severance pay (if the rating is decreased under 30%), permanently retired, or retained on the TDRL and re-evaluated again within 18 months. Placement on the
TDRL cannot be longer than five years. At the end of those five years Warrior must be removed and given a final rating.

G. For those who are permanently retired for disability, disability retirement pay is computed on the basis of the actual disability rating (i.e., 30%
disability rating) or the length of service rating (2.5 x years of service up to a maximum of 75%). The percentage is multiplied by the Soldier's basic pay
(or high 36-month average as described earlier). Disability retired and severance pay awarded to Soldiers who were not a member of the armed forces on
September 24, 1975 is considered taxable by the Internal Revenue Service (IRS). An exception exists for a Soldier receiving separation or retired pay by reason
of a combat-related injury. The PEB will make combat-related determinations on all cases considered. The Warrior's grade for purposes of computing
disability severance pay or retirement pay is the higher of the Warrior's current grade, highest grade satisfactorily held, or grade to which the Warrior
was pending promotion. Enlisted Soldiers whose promotion eligibility date is after their separation date will be promoted on their last day of active duty.
Officers pending promotion receive disability retirement or severance pay at the promotion list grade but, under officer promotion law, cannot be promoted
ahead of their promotion eligibility date.

H. The PEB will also determine if the medical condition was combat
related or caused by an instrumentality of war.

I. Warriors can be Separated Without Benefits (SWOB) under the following
situations: (1) the unfitting conditions result from injury which is due to intentional misconduct or willful neglect; (2) the disability was incurred during a
period of unauthorized absence; (3) the disability was not incurred or aggravated as the proximate result of performing duty (for example EPTS-Existed Prior to
Service). Physical or mental disabilities that make a Warrior unfit may have existed prior to entering the service (EPTS). Causes of EPTS disabilities include
hereditary or congenital defects or injuries with an inception before entering active service. There is a presumption that pre-existing conditions have been
service-aggravated, but this presumption can be overcome if the PEB determines that the worsening of any condition followed the "natural progression"
of the pre-existing injury or disease based on well-established medical principles. If a Warrior has less than eight years total active service, he/she could
be separated from the service without disability benefits. This would happen if the PEB deems a Warrior's injuries EPTS and his/her condition has not been
permanently aggravated by military service. By law, the Army only compensates for those conditions that were caused by, or permanently aggravated as a result
of, military service. It is possible for a Warrior to possess a physical or mental disability and never experience a problem until he/she faces the stresses of
military life. The physical and emotional stress of military training can cause a latent condition to appear or an old injury to worsen to the point that the
Soldier is no longer able to perform his/her military duties. To appeal a finding of EPTS, a Soldier must present medical evidence that the condition did not
exist prior to entering the service, or provide medical evidence documenting that military service permanently aggravated a pre-existing
condition.

J. The PEB will forward its findings to the PEBLOS. In accordance with DOD Directive Type Memorandum, SUBJECT: Policy and Procedural Directive-Type Memorandum (DTM) for the Disability Evaluation System
(DES) Pilot Program, dated 21 November 2007, the Warrior has 5 working days from receipt of notification from the PEB to return the election
statement. If the election statement is not returned to the PEB within the prescribed time, the Warrior is presumed to agree with the
PEB recommendation and the case is forwarded to the PDA for final processing. Choices for election of PEB
findings:

(1) CONCUR (AGREE) and WAIVE a FORMAL board evaluation.

- Warrior agrees with the informal board findings and does not want the case presented for
formal board proceedings.

- Case is processed by the PEB for return to duty, separation, or retirement, depending upon
the informal board recommendations.

(2) NONCONCUR (DISAGREE) and DEMAND a FORMAL board evaluation.

- Warrior disagrees with the findings of the informal board and wants the case presented to a
formal board. The Warrior may elect to NOT PERSONALLY APPEAR and have the case presented by legal counsel or to PERSONALLY APPEAR at the formal
board.

- The Warrior has the right to legal representation. The purpose of
legal counsel is to ensure that the Warrior's rights are protected and that all relevant medical and administrative facts concerning the case are presented
to the board.

- The formal board is a fact-finding board and will consider the case independently of the
informal board. The formal board may adhere to the original informal board, or change the findings and
recommendations.

(3) The Warrior can also NONCONCUR with his/her DVA ratings and request a one time
reconsideration of the ratings prior to his/her separation.

After beginning the MEB, Warriors should refer any questions about the DES to their
PEBLO.

D. Under the new Pilot DES, the PEB at Walter Reed Army
Medical Center will use the DVA physical exam worksheets, the NARSUM and DA Form 3947, along with other performance and administrative documentation to
determine a Warrior's fitness or unfitness to continue military service. If the PEB finds the Warrior FIT because his/her medical condition does not
affect their performance; does not create a risk for the Soldier; or place an undue burden on the unit, the Warrior will be returned to duty within the
limits of their profile. If the

PEB finds the Warrior UNFIT
to continue in the Army, and finds the Warrior is eligible for disability benefits, the PEB will inform the Soldier of their findings through their PEBLO,
and request a disability rating from the DVA Rating Board. The DVA Rating Board will evaluate the Warrior's referred and claimed conditions and provide a
rating percentage (with rationale) to the PEB within 15 calendar days. Once the PEB receives the DVA Rating Boards rating decision, the PEB will apply
DVA's rating(s) to unfitting conditions, and recommend a final disposition. Final dispositions include: if found fit, the PEB will recommend the Warrior
be returned to duty. If found UNFIT, the PEB may recommend one of the following if eligible for disability benefits: Separate with Severance Pay (SWSP);
Permanent Disability Retirement (PDR); or that the Warrior be placed on the Temporary Disability Retirement List (TDRL). If found UNFIT, but NOT eligible to
receive disability benefits, the PEB will recommend the Warrior be Separated without Benefits (SWOB).

Rikers island, one thing I am wondering after reading what you posted; once my paperwork is at the PEB, how does it work getting your disability
rating? Do they take care of everything with requesting the DVA rating and then get back to you with results? Or do they let you know they are requesting a
rating? What I originally thought was once I see the VA, they would automatically rate everything from my physical.